The American and English Encyclopedia of Law, Volume 17John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1892 - Law |
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Page 471
... Party Must Have Interest and Capacity to Sue and be Sued , 500 . VII . Party Having Legal Title Must Sue , 505 . VIII . Right to Use Name of Legal or Co - plaintiff ... party must appear on 471 Synopsis . Definition . PARTIES TO ACTIONS .
... Party Must Have Interest and Capacity to Sue and be Sued , 500 . VII . Party Having Legal Title Must Sue , 505 . VIII . Right to Use Name of Legal or Co - plaintiff ... party must appear on 471 Synopsis . Definition . PARTIES TO ACTIONS .
Page 472
... party must appear on the record as such , but the term " party " is not always thus construed . A party may be an artificial person ,. 1. Definition.- In Bouvier's Law Dictionary , tit . Parties , it is said that " The person who seeks a ...
... party must appear on the record as such , but the term " party " is not always thus construed . A party may be an artificial person ,. 1. Definition.- In Bouvier's Law Dictionary , tit . Parties , it is said that " The person who seeks a ...
Page 473
... party to the suit , and a judg- ment against it is error . Rousseau v . Hall , 55 Cal . 164 . " To find the parties plaintiff the complaint may be looked into , and those are relators who appear therein to be entitled to maintain the ...
... party to the suit , and a judg- ment against it is error . Rousseau v . Hall , 55 Cal . 164 . " To find the parties plaintiff the complaint may be looked into , and those are relators who appear therein to be entitled to maintain the ...
Page 474
... party . " Rupp v . Swine- ford , 40 Wis . 28 . The word " party , " as used in a stat- ute allowing judgment on appeal , for either party , stands for plaintiff or defendant , and includes all the per- sons belonging to that particular ...
... party . " Rupp v . Swine- ford , 40 Wis . 28 . The word " party , " as used in a stat- ute allowing judgment on appeal , for either party , stands for plaintiff or defendant , and includes all the per- sons belonging to that particular ...
Page 475
... party to an action may act in person or by attorney.3 2. Particular Persons -- ( 1 ) SOVEREIGNS AND SOVEREIGN. courts shall be open to suitors , and that its spirit is , that suits shall not be burdened ; but that the power to tax is the ...
... party to an action may act in person or by attorney.3 2. Particular Persons -- ( 1 ) SOVEREIGNS AND SOVEREIGN. courts shall be open to suitors , and that its spirit is , that suits shall not be burdened ; but that the power to tax is the ...
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Common terms and phrases
agent alleged Allen Mass amended assignment assignor assumpsit authority Bank Barb bond brought cause of action charter child chose in action claim Code common law Conn contract corporation court court of equity creditors debt deed defendant demurrer Dict directors duty ejusdem generis election entitled equity execution father fendant Gray Mass habeas corpus held Hun N. Y. indictment Iowa joinder joined joint judgment land liable Mayor ment Minn misjoinder mortgage N. J. Eq obligation officer Ohio St ordinance owner Paige N. Y. pardon parent parol evidence payment person plaintiff promissory note provision real party recover Smith Stat statute stockholders sued suit sureties Tenn thereon tion trustees Wend words
Popular passages
Page 472 - Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay ; conformably to the laws.
Page 635 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court...
Page 472 - All courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay.
Page 583 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 581 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 171 - Or such a fraudulent transaction completed or contemplated by the acting managers, in connection with some other party, or among themselves, or with other shareholders as will result in serious injury to the corporation, or to the interests of the other shareholders...
Page 43 - M. , for the purpose of electing Directors and for the transaction of such other business as may come before the meeting.
Page 590 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 584 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in.
Page 478 - On the other hand, counties are at most but local organizations, which, for the purpose of civil administration, are invested with a few functions characteristic of a corporate existence. They are local subdivisions of a State, created by the sovereign power of the State of its own sovereign will, without the particular solicitation, consent or concurrent action of the people who inhabit them.